Senior police officers at the Department of Public Safety plan to file grievances against the promotion of Commander Lauti Tautalasoo Moliga to the position of Deputy Commissioner.
The promotion was ordered by Governor Pulaali’i Nikolao Pula.
In a September 10 letter to the Director of Human Resources, Titiaoalii Dr Asenati Saau-Umi the Governor said, “I write to formally direct the promotion of Commander Lauti Tautalasoo Moliga to the position of Deputy Commissioner of the American Samoa Department of Public Safety”.
Lauti is currently the Acting Commissioner of Public Safety, though he did not pass Fono confirmation. He was approved by the House but rejected by the Senate.
Senior police officers who spoke with KHJ News said they feel being robbed of an opportunity to apply for the Deputy Commissioner position. Since they retirement of former Deputy Commissioner Terry Letuli some had plans to make a bid for the position.
“We are very upset,” said one commander who did not wish to be named. “Many of us plan to submit grievances against the promotion”.
“Where’s the transparency in this? Why isn’t the position posted for us to compete?”. He said there are several senior police officers holding rank in the department that are qualified.
Another officer who has been on the force for more than 30 years asked, “What happened to the merit system? So now the Governor is selecting who to promote when that should be the prerogative of the director of each department.”
The Governor cites as the basis of his authority to order the promotion, Article IV Section 7 of the Revised Constitution of American Samoa. This states that the Governor shall have general supervision and control of all executive departments, agencies and instrumentalities of the Government of American Samoa.
He said consistent with the constitution, American Samoa Code Annotated 4.0112 (a) further affirms his authority of appointment. The Governor specifically cites part of that section which states that “all other appointments shall be by the Governor unless by law that particular provision is subject to confirmation by the Senate or by the Legislature”.
The section cited in the Governor’s letter refers to the appointment of directors of the executive branch. It states that
“Appointive powers of the Governor and the legislative confirmation procedures are as follows: directors of cabinet departments (those under 4.0301), and the heads of bureaus or offices who do not report either to the head of a cabinet department or to the head of a bureau or office whose appointment is subject to confirmation by the Legislature, shall be appointed by the Governor, and confirmed by a majority vote of the entire membership of each house of the Legislature. All other appointments shall be by the Governor unless by law that particular position is subject to confirmation by the Senate or by the Legislature”.
